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The Arbiter International Disputes Newsletter- Autumn 2023
In Finzi v Jamaican Redevelopment Foundation Inc (Jamaica) [2023] UKPC 29, the Judicial Committee of the Privy Council recently reviewed the…
Seventh Circuit: disputed issues of fact require a trial on the issue of whether an account user received notice of an agreement to arbitrate putative class claims against PayPal
We have written many articles about the implementation of arbitration agreements and class action waivers as mechanisms to reduce exposure to class…
United Arab Emirates: Dubai International Financial Centre Court holds interim awards to be enforceable
The Dubai International Financial Centre (DIFC) Court of First Instance (the "DIFC Court") has considered in its recent Order of 19 September 2023 in…
Arbitration. Validity of Clause. Third Circuit reverses and remands district court's decision to compel arbitration, holding that asset purchase agreement called for expert determination rather than arbitration.
In 2015, Kevin Sapp and Jamie Hopper sold two companies to Industrial Action Services LLC ("IAS"). The sale was governed by an asset purchase agreemen…
Arbitration. Confirmation of Award. Subject Matter Jurisdiction. Forum Selection Clause. Second Circuit vacates dismissal of petition to confirm arbitral award, finding that the petition adequately pleaded subject matter jurisdiction and the district court erred in concluding the forum selection clause stripped the court of its subject matter jurisdiction.
Benzion Rabinowitz ("Rabinowitz") and Levi Kelman ("Kelman") signed a Settlement Agreement in 2018 to settle a dispute between them. The Settlement…
Official Court’s Precedent On Arbitration And Employee Non-Competes Disputes
On 18 August 2023, the Justice Council of the Supreme People's Court announced the passing of a new series of official judicial precedents which…
Arbitration. Confirmation of Award. District court enforces ICSID award rendered against Venezuela even though the ICSID annulment panel did not recognize the Guaidó government's right to control the annulment proceeding.
Valores Munidales, S.L. And Consorcio Andino, S.L. (together, "Valores"), were two Spanish shareholders of Venezuelan food production companies…
Án Lệ Chính Thức Về Trọng Tài Thương Mại Và Tranh Chấp Về Nghĩa Vụ Không Cạnh Tranh Của Người Lao Động
Ngày 18/8/2023, Hội đồng Thẩm phán Tòa án Nhân dân Tối cao Việt Nam đã công bố việc thông qua một số Dự thảo Án lệ mới sẽ có hiệu lực áp dụng bởi tất…
The Benefits and Perils of Expedited Arbitration Clauses
Companies often complain that international arbitration can be as long of a process as litigation. Therefore, they inquire about faster ways of…
UK Supreme Court Renders Important Judgment Concerning Section 9 Stays Under the Arbitration Act 1996
On 20 September 2023, the UK Supreme Court (the "Supreme Court") handed down an important judgment clarifying the proper approach to applications…
Refinement not revolution - Law Commission publishes its final report on changes to the Arbitration Act 1996
On 6 September 2023 the Law Commission ("the Commission") published its final report on reforms to the Arbitration Act 1996 ("the Act"). The review…
World Maritime Day 2023 | A spotlight on maritime arbitration
To celebrate World Maritime Day 2023, international arbitration partners Thor Maalouf, Antonia Panayides, and Nick Austin discuss arbitration in the…
Publishers, check those T&C’s: BC Court of Appeal upholds arbitration and class action waivers in video game contracts
The British Columbia Court of Appeal (the “Court”) has recently affirmed a lower court decision that a mandatory arbitration agreement and class…
Arbitration. Forum Shopping. District court holds that Plaintiff could not overcome a prior dismissal's preclusive effect and that the underlying suit had been properly dismissed under the doctrine of forum non conveniens.
Aenergy, S.A. ("Aenergy") is an Angolan energy company owned by a Portuguese citizen, Ricardo Machado. Between 2014 and 2017, Aenergy entered into 13…
Significant changes to UAE arbitration law
The UAE has recently promulgated Federal Law No. 15 of 2023, which amended Articles 10, 23, 28, and 33 of the Federal No. 6 of 2018 (the…
Arbitration. Vacatur and Confirmation of Award. Time Limits. Equitable Tolling. Fraud. Eleventh Circuit affirms district court's application of equitable tolling to extend the three-month deadline to move to vacate an arbitration award and finds that district court did not abuse its discretion in determining that the award was procured by fraud.
In 2013, NuVasive, Inc. ("NuVasive"), a medical product manufacturer, entered into an exclusive distribution agreement with Absolute Medical, LLC…
Reform of the UK Arbitration Act
The upcoming changes to the UK Arbitration Act are an important development for energy practitioners. That’s because arbitration is the default means…
Arbitration. Agreement to Arbitrate. Battle of the Forms. Fifth Circuit holds there was no valid agreement to arbitrate where parties exchanged their own forms with different terms.
Plaintiff-Appellee Axiall Canada, Inc. ("Axiall") and Defendant‑Appellant MECS, Inc. ("MECS") entered into a series of demister sales beginning in…
The authority of courts and arbitral tribunals in determining applicable rules in the absence of parties’ agreement: a comparative analysis
This article examines the authority of competent courts and arbitral tribunals to establish relevant regulations in instances where parties are…
Litigation 101: Why not mediate? The role and importance of mediation theory in selecting your mediator and resolving disputes
Each mediation model caters for a different purpose and may not be suitable for all types of disputes. A common misconception about mediations is…
Lawyers Covered - September 2023
Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting…
Arbitration. Enforcement. Subject Matter Jurisdiction. Tenth Circuit agrees with the Second, Fourth, and Ninth Circuits that failure to follow the procedural requirements of Article IV of the New York Convention raises a merits issue rather than a jurisdictional issue.
Plaintiff, Baker Hughes Services International LLC ("Baker Hughes"), after winning an Ecuadorian arbitration against the Ecuador-based Pesago…
Arbitration. Removal of Arbitrator. District court dismisses petition to remove the presiding arbitrator in ongoing arbitration proceeding in Bermuda, concluding that the court did not have authority to remove a sitting arbitrator in an arbitration proceeding conducted under Bermuda law and that, even if that were not the case, the petition failed on the merits.
Petitioner, Endurance Specialty Insurance Limited ("Endurance") brought an action in New York state court against Horseshoe Re Limited ("Horseshoe")…
The Landscape of Arbitrators in Germany - The Institutional Perspective
One of the internationally most prominent and the largest arbitral institution in the German-speaking realm, the German Arbitration Institute (DIS)…
Arbitration. Vacatur and Confirmation of Award. Time Limits. District court holds that the three‑month deadline to file a motion to vacate under the Federal Arbitration Act is triggered by an arbitrator's "final award" despite subsequent motions for clarification.
Petitioner First Kuwaiti General Trading & Contracting W.L.L. ("FKTC") and Respondent Kellogg Brown & Root International, Inc. ("KBR") entered into…
Applicability of the three-pronged test to seek stay on enforcement of an anti-suit order
Recently, the Hon'ble Bombay High Court (“Court”) pa…
Colorado Court of Appeals - Week of September 25
After a fatal apartment fire, plaintiffs, daughters of the deceased, brought three claims against the defendants, the owner, and manager of the…
Mediation Act, 2023: Alleviate Dispute, Mediate!
“The obligation of the legal profession is… to serve as healers of human conflict… we should provide mechanism that can produce an acceptable result…
The Execution of ICSID Arbitration Awards in Turkey
The International Centre for Settlement of Investment of Disputes ("ICSID") is the most used venue to settle investment disputes. Unlike other venues…
Law Commission publishes final report and draft Bill following its review of the Arbitration Act 199627 September 2023
On 6 September 2023, the Law Commission of England & Wales (the "Law Commission") published its final report and draft bill following its…